09-01-2015 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY SEPTEMBER 01, 2015, 6:00 PM
REGULAR MEETING - CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE
WEST COVINA, CALIFORNIA 91790
MINUTES
Mayor Sykes called to order the regular closed session meeting of the West Covina City Council
at 6:03 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West
Covina.
ROLL CALL
Present: Mayor Sykes, Mayor Pro Tern Toma
Councilmembers Spence (arrived at 6:17 p.m., Warshaw, Wong
Others Present: Mauk, Freeland, Barlow, Morales, Crown
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None
CLOSED SESSION
Mayor Sykes commenced the closed session at 6:08 p.m. to discuss the following matter(s):
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code 54956.8
Property: 2400 Azusa Avenue
811 South Sunset
Tuesday September 01, 2015
2650 East Shadow Oak Drive
2501 Cortez Street
2121 East Shadow Oak Drive
625 East Merced Avenue
Agency Negotiator: Mauk, Freeland
Negotiating Parties: City of West Covina & Landmark Dividend
Under Negotiation: Both price and terms of lease
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: Citrus and Cameron, Grand and Garvey Avenue North, Grand and Cortez,
Grand and Virginia, Mountain Ridge and Horizon Hills
Agency Negotiator: Mauk, Freeland
Negotiating Parties: MOBILITIE, LLC
Under Negotiation: Both price and terms of lease
CONFERENCE WITH PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 851 S. Sunset Avenue
Agency Negotiator: Mauk, Freeland
Negotiating Parties: Citrus Valley Health Partners
Under Negotiation: Price
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Pursuant to Government Code $ 54956.9(dhD
Number of Cases: One (1)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Mauk, Barlow
• Employee Organizations
- Unrepresented Employees: City Manager & Police Chief
PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code § 54957
Title: City Manager
ADJOURNMENT
Mayor Sykes adjourned the meeting at 6:50 p.m.
Tuesday September 01, 2015
Submitted by:
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Assistant City Clerk
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CITY OF WEST COVINA
CITY COUNCIL
TUESDAY SEPTEMBER 01, 2015, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
CALL TO ORDER — Mayor Fredrick Sykes called the meeting to order at 7:11 p.m.
INVOCATION — Led by Pastor Mason Okubo, Immanuel I" Lutheran Church
PLEDGE OF ALLEGIANCE — Led by Councilmember Wong
ROLLCALL Mayor Sykes, Mayor Pro Tern Toma,
Councilmembers Spence, Warshaw, Wong
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Govermnent Code & 54956.8
Property:
2400 Azusa Avenue
811 South Sunset
2650 East Shadow Oak Drive
2501 Cortez Street
2121 East Shadow Oak Drive
625 East Merced Avenue
Agency Negotiator:
Mauk, Freeland
Negotiating Parties:
City of West Covina & Landmark Dividend
Under Negotiation:
Both price and terms of lease
Tuesday September 01, 2015
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code 54956.8
Property: Citrus and Cameron, Grand and Garvey Avenue North, Grand and Cortez,
Grand and Virginia, Mountain Ridge and Horizon Hills
Agency Negotiator: Mauk, Freeland
Negotiating Parties: MOBILITIE, LLC
Under Negotiation: Both price and terms of lease
CONFERENCE WITH PROPERTY NEGOTIATORS
Pursuant to Government Code � 54956.8
Property: 851 S. Sunset Avenue
Agency Negotiator: Mauk, Freeland
Negotiating Parties: Citrus Valley Health Partners
Under Negotiation: Price
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Pursuant to Government Code & 54956.9(d)(3)
Number of Cases: One (l )
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Mauk, Barlow
• Employee Organizations
- Unrepresented Employees: City Manager & Police Chief
PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code § 54957
Title: City Manager
City Attorney Kimberly Barlow stated Council provided direction, but there was no reportable
action taken.
CHANGES TO THE AGENDA
None.
PRESENTATIONS
Mayor Sykes presented a Certificate of Recognition celebrating the West Covina Library
Centennial celebration to Wen Wen Zhang, Library Manager and Angie Gillingham, President of
the Friends of the Library.
Mayor Sykes, assisted by Ms. Zhang and Ms. Gillingham, presented a Certificate of Recognition
to Tiffany Dinh who designed the Library's Centennial Logo.
Tuesday September 01, 2015
Mayor Sykes presented Certificates of Recognition to Hector Galicia, Principal of Hollencrest
Middle School; Rich Nambu, Principal of Walnut Grove Intermediate School; and Marc Travatore,
Principal of West Covina High School for their schools being recognized by the State of California
as Gold Ribbon Schools.
ORAL COMMUNICATIONS - Five (5) minutes per sneaker
John Shewmaker, West Covina resident, spoke on upcoming municipal election process and
citizens involvement.
John Solis, West Covina resident, spoke in opposition to the proposed lease agreement for a cell
tower at Shadow Oak Park.
Irene Fleck, representing the West Covina Library, announced the upcoming Library Centennial
Celebration.
Lloyd Johnson, West Covina resident, addressed Council's previous action pertaining to Council's
vote regarding military recruiting centers and gun containment, and requested explanation for
regarding Item No. 16 [Oral Communication].
Elsie Messman, West Covina resident, spoke on audit, Shadow Oak Park cell tower lease, street
sweeping contract; and various city issues.
Bruce Leinbach, West Covina resident, spoke on the Cameron Bowl game between West Covina
High School and South Hills High School; Athens Disposal contract; and proposed changes to oral
communications.
Lola Finley, West Covina resident, addressed State audit, cell tower lease agreement at Shadow
Oak Park, park improvements at Cortez Park, change of oral communication speaking time.
Lynn Bubbert, West Covina resident, addressed proposed change to oral communications and
opposed proposed cell towers.
Lawrence Shih, representative from Supervisor Hilda Solis' Office, introduced himself to the
Council and spoke on the upcoming library Centennial celebration.
Sheena Heng, West Covina resident, addressed her opposition to the proposed cell tower.
Mayor Sykes read into the record that Ed Spik was not able to attend but did call to express his
opposition to reducing oral communication time from 5 minutes to 3 minutes per speaker.
Assistant City Manager Freeland addressed comments brought forth by speakers.
City Attorney Barlow addressed concerns regarding cell towers.
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Tuesday September 01, 2015
Mayor Sykes addressed speaker's comments towards his previous comments and actions.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote.
There will be no separate discussion of these items unless members of the City Council/Community Development
Commission request specific items to be removed from the Consent Calendar for separate discussion or action.
APPROVAL OF MEETING MINUTES (receive & file)
1) January 20, 2015 Regular City Council/Community Development Commission
Meeting Minutes
February 3, 2015 Special City Council Meeting Minutes
February 3, 2015 Regular City Council Meeting Minutes
Motion by Warshaw and seconded by Wong to receive & file with the record reflecting that Wong
abstained due to his not being on the Council at those meetings. Motion carried 4-0-1.
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
ABSTAIN:
Wong
COMMISSION SUMMARY OF ACTIONS (receive & file)
2) August 25, 2015 Planning Commission Meeting Summary of Actions
Motion by Warshaw and seconded by Wong to receive & file. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
AWARD OF BID
3) Park Shelter Improvements at Cortez Park
It is recommended that the City Council take the following actions:
1. Approve contract with Innovative Playgrounds of Whittier, California, representing
BCI Burke Playgrounds for the purchase and installation of park shelter equipment in
the amount of $106,255.34; and
2. Confirm the Finance Department/Purchasing Officer's findings that the purchase and
installation of park shelter equipment through The Cooperative Purchasing Network
(TCPN) satisfies West Covina's bid process as stated in the West Covina Municipal
Code Chapter 2, Article VI I, Division 2, Sec. 2-333 (i) (2); and
Tuesday September 01, 2015
3. Appropriate additional $30,000 from Park Dedication Fees (Fund 174) to cover
shortfall in funding.
Motion by Warshaw and seconded b Wong to approve. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
CITY MANAGER'S OFFICE
4) Cell Tower Lease Agreement - Shadow Oak Park
It is recommended that the City Council approve the lease agreement between the City of
West Covina and Verizon Wireless for a cell tower at Shadow Oak Park.
This item was removed from the Consent calendar for separate consideration. Council engaged
in lengthy discussion expressing their views which included resident concerns, gaps in coverage
due to hills, research for placement of towers for broadest coverage, aesthetics of proposed tower,
and use of revenue. Councilman Spence concerned with proposed changes that differ from those
negotiated in closed session.
Motion by Warshaw to approve agreement with revenue to be used within the park for maintenance
and refurbishment. Motion failed due to a lack of second.
Motion by Wong and seconded by Spence to approve as recommended by staff with Council
having future discretion as to how revenues are expended. Motion carried 3-2.
AYES: Spence, Warshaw, Wong
NOES: Toma, Sykes
ABSENT: None
COMMUNITY DEVELOPMENT COMMISSION
5) Penske Audi Soundwall
It is recommended that the City Council authorize the City Manager to approve a second
120-day extension for Penske Audi to complete construction of the masonry block wall on
the property pursuant to the executed Agreement for Construction and Maintenance of a
Soundwall between the City of West Covina and Penske Audi.
Councilmember Warshaw stated the requested extension is due to delays created by CalTrans.
Motion by Warshaw and seconded by Wong to approve. Motion carried 5-0.
AYES: Spence, Toma, Warshaw, Wong, Sykes
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Tuesday September 01, 2015
NOES: None
ABSENT: None
COMMUNITY SERVICES DEPARTMENT
6) Renewal of Galster Park Nature Center Operations Agreement with the San Gabriel
Mountains Regional Conservancy
It is recommended that the City Council continue the partnership with the San Gabriel
Mountains Regional Conservancy and approve a three (3) year renewal of the Galster Park
Nature Center operations agreement.
Motion by Warshaw and seconded by Wong to approve. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
FINANCE DEPARTMENT
7) FY 14/15 and 15/16 Budget Amendments
It is recommended that the City Council approve the proposed FY 14/15 and FY 15/16
Budget Amendments.
Motion by Warshaw and seconded by Wong to approve. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
8) Loan Agreement Concerning Litigation Fees Incurred for the ROPS Periods of
February 2012 to .tune 2012, July 2012 to December 2012, and January 2014 to June
2014 which Exceeded the Litigation Cost Estimates for those Same Periods
It is recommended that the City Council approve the Loan Agreement concerning Litigation
Fees incurred for the ROPS periods of February 2012 to June 2012, July 2012 to December
2012, and January 2014 to .tune 2014 that exceeded litigation cost estimates for those same
periods.
Motion by Warshaw and seconded by Wong to approve. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
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Tuesday September 01, 2015
9) Cost Allocation Plan and Fee Study
It is recommended that City Council award the contract for a Cost Allocation Plan and
Comprehensive Fee & Charge Study to Willdan Financial Services in the amount of
$36,510.
This item was removed from the Consent Calendarfor separate consideration. Councilman Spence
expressed his opposition.
Motion by Wong and seconded by Warshaw to approve. Motion carried 4-1.
YES:
Toma, Warshaw, Wong, Sykes
NOES:
Spence
ABSENT:
None
10) Approve Renewal of Letter of Credit for the 1999 Tax Allocation Bonds
It is recommended that the West Covina Public Financing Authority Board adopt the
following resolution:
RESOLUTION NO. 2015-65 - A RESOLUTION OF THE PUBLIC FINANCING
AUTHORITY OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION
AND DELIVERY BY THE AUTHORITY OF A FIRST AMENDMENT TO
REIMBURSEMENT AGREEMENT AND THE TAKING OF CERTAIN ACTIONS IN
CONNECTION THEREWITH
This item was removed from the Consent Calendar for separate consideration. Mayor Pro Tern
Toma expressed his support but inquired into the long term future of the bonds.
Motion by Toma and seconded by Warshaw to adopt Resolution No. 2015-65.
Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
PUBLIC WORKS
11) Professional Services Agreement with NCE for Pavement Management System 2015
Update
It is recommended that the City Council approve the professional services agreement with
NCE in the amount of $62,200 to update the City of West Covina's Pavement Management
System.
Motion by Warshaw and seconded by Wong to approve. Motion carried 5-0.
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Tuesday September 01, 2015
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
12) Agreement with Willdan Engineering for City Traffic Engineering Services
It is recommended that the City Council approve the agreement with Willdan Engineering
in the amount not to exceed $90,000 to provide City traffic engineering services.
This item was removed from the Consent Calendar for separate consideration. Councilman
Spence stated his concern of hiring a consultant when the position which was handling the duties
was reclassified and to not include such duties and the additional expenses of a consultant which
was not included in the budget. Assistant City Manager responded.
Motion by Warshaw and seconded by Toma to approve. Motion carried 4-1.
AYES:
Toma, Warshaw, Wong, Sykes
NOES:
Spence
ABSENT:
None
13) Nationwide Environmental Services Agreement
It is recommended that the City Council authorize staff to provide written notice of
termination to Nationwide Environmental Services and prepare amended and restated
agreement for the remaining 15 years of street sweeping services.
This item was removed from the Consent Calendar.for separate consideration. Council discussion
included issues of long term contracts and revisions to contract. Council discussion confirmed
that this item is to terminate evergreen contract and new agreement will be forthcoming.
Motion by Spence and seconded by Warshaw to approve staff recommendation. Motion carried
5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
14) Code Amendment No. 14-01
Adult Oriented Businesses
8
Tuesday September 01, 2015
General Exemption
It is recommended that the City Council introduce the following ordinance:
ORDINANCE NO. 2283 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO ADULT ORIENTED
BUSINESSES
Mayor Sykes introduce the hearing matter, Assistant City Clerk Conde verified proper legal notice
was given and Mayor Sykes opened the hearing. Planning Director Anderson presented the staff
report reviewing the proposed code amendment, presented a PowerPoint presentation and
answered questions.
Mayor Sykes opened the public testimony period of the hearing.
Jefferson DeRoux, West Covina resident, requested Council consider imposing employee
regulations on similar businesses (i.e. Spencer's, Hooters).
With no one else wishing to speak, Mayor Sykes closed the public testimony period.
Motion by Toma and seconded by Spence to continue the item to October 6 to allow the Council
to further review the alternative as recommended by staff and the Planning Commission. Motion
carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
SUCCESSOR AGENCY
The City Council meeting recessed at 9:50 p.m. to conduct the Successor Agency meeting. The
City Council reconvened at 9:54 p.m. with all members present.
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMAN MIKE SPENCE
15) Ambulance Subscription Program Update
It is recommended that the City Council continue the Ambulance Subscription Program at
its current rate.
Assistant City Manager Freeland presented the staff report.
Motion by Wong and seconded by Tome to receive and file. Motion carried 5-0.
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Tuesday September 01, 2015
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
COUNCILMEMBER BEN WONG
16) Amendment of West Covina Municipal Code Pertaining to Procedures Addressing the
City Council During Council Meetings
It is recommended that the City Council provide City Staff direction on this matter.
Councilmember Wong addressed the issue and his proposal and clarified his intent is to not
suppress public comment but to suggest giving priority to those public speakers speaking on
agenda items at the beginning of the meeting and allow public comments on non -agenda items
towards the end of the meeting to expedite the business listed on the agenda. Council engaged in
discussion expressing their views on allotted time to speak, when during the meeting speakers
should speak and submission of written communication. Councilmember Warshaw proposed a 15
minute period at the beginning of the meeting for speakers to speak on non-agendized items on a
first come, first served basis.
Motion by Warshaw and seconded by Wong to allow 15 oral communication period at the
beginning of the meeting for non-agendized item with balance of speakers on non-agendized items
to be at the end of the meeting for up to five minutes each speaker, and to allow speakers to speak
on agenda items following the non-agendized items [during Oral Communications] or during the
presentation of each agenda item for three minutes each.
Mayor Sykes requested Council consensus to allow additional public comments on the subject.
Elsie Messman, West Covina resident, spoke in opposition to the proposal requesting no changes
be made.
Jefferson DeRoux, West Covina resident, spoke in opposition as the proposal will increase overall
public continents.
Following further Council discussion, by roll call vote the motion failed 2-3.
AYES: Warshaw, Wong
NOES: Spence, Toma, Sykes
ABSENT: None
Motion by Wong and seconded by Toma have all oral communication on non-agendized items at
the end of the meeting and allow oral communication on agendized items for three minutes each
either during Oral Communications at the beginning of the meeting or at the time the item is
presented. Motion failed 3-2.
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Tuesday September 01, 2015
AYES: Toma, Wong
NOES: Spence, Warshaw, Sykes
ABSENT: None
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any
meeting/event/conference attended at City expense.)
Councilman Spence thanked the Councilmembers that attended the SCAG (Southern California
Association of Government) meeting supporting Mr. Spence's effort for appointment to the
Transportation Committee.
Councilmember Warshaw reported on his attendance at the Foothill Transit Board meeting.
Mayor Pro Tern Toma reported on his attendance at the Water Conference Summit hosted by
Congresswoman Napolitano at Cal Poly Pomona.
Mayor Sykes also addressed his attendance to the summit on water hosted by Congresswoman
Napolitano.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rides 9.f- Requests for reports, studies, or investigations that are not readily
available must be placed on the City Council/Community Development Commission agenda as items of business and
must be approved by a majority of the City Council/Community Development Commission.)
CITY COUNCIL COMMENTS
Councilmember Warshaw requested to agendize the establishment of a policy on legal fees review
as identified with the State audit.
Councilman Spence thanked staff for reopening passport services and requested to agendize a
report on taxi policy.
ADJOURNMENT
Motion by Wong and seconded by Warshaw to adjourn at 10:17 p.m. in memory of Michael Shore,
husband of Community Services staff Marie Shore. Motion carried 5-0
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Assistant City Clerk
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